NDC leader Chishimba Kambwili has discontinued his petition in the Constitutional Court in which he had asked for a declaration that his Roan parliamentary seat did not fall vacant as ruled by the Speaker of the National Assembly, Dr Patrick Matibini.

Kambwili has however applied for leave for judicial review in the Lusaka High Court regarding the Speaker’s decision to declare his seat vacant on account of his alleged ‘floor crossing’ from being a member of PF to NDC.

He wants the Lusaka High Court to declare that the purported decision by Dr Matibini to declare his seat vacant, does not conform with the provision of Article 72 920 (a) to (i) of the Laws of Zambia and as such, is not only undemocratic but illegal, unreasonable, procedurally improper and unconstitutional.

Kambwili further wants the Court to quash the Speaker’s decision to declare his parliamentary seat vacant, as well as, the decision by ECZ of setting April 11, 2019 as the date for the Roan Constituency by-election.

Last week, Kambwili petitioned the Constitutional Court for a declaration that his Roan parliamentary seat did not fall vacant as ruled by the Speaker of the National Assembly because the latter violated various provisions of the Constitution.

Kambwili who had cited the Attorney General as the respondent in the matter, was further seeking a declaration and order that the Speaker’s ruling was null and void.

He has however discontinued the matter and filed a fresh motion in the Lusaka High Court.

According to an affidavit verifying facts filed in the Lusaka High Court, Monday, Kambwili has cited the Attorney General as first respondent and the Electoral Commission of Zambia as second respondent.

Kambwili stated that he had come to learn of the by-election to elect a new member of parliament for Roan Constituency scheduled for April 11, 2019 through ECZ.

He added that ECZ had further appointed and prescribed March 14, 2019 as the date to lodge complete and attested statutory declaration and nomination papers filing by all aspiring candidates.

Kambwili stated that he was fully aware that the notion of being a Consultant engaged by the NDC, was at all material times the subject of active litigation before judge Mopani Kawimbe by way of counterclaim, a matter which had to date allegedly not been presided over by the court and awaits a hearing date.

He stated that believed that Dr Matibini in his ruling deliberately chose to disregard the fact that he was making pronouncements on a matter that was subjuidice and was yet to be determined by the High Court.

Kambwili stated that he was equally aware that even if he had joined the NDC at the material time, a fact denied, Dr Matibini acted on provisions in any event that do not provide for alleged floor crossing as provided for the law in 2016 amendment of the Constitution.

He stated that he believed his case was a fit and proper case for the High Court to grant him leave for judicial review.

Kambwili wants, if the High Court granted him leave to apply for judicial leave, for it to order and direct that Dr Matibini’s decision of declaring his seat vacant be stayed pending the determination of the matter.

He further wants the Court to declare that the purported decision by Dr Matibini to declare his seat vacant, does not conform with the provisions of Article 72 920 (a) to (i) of the Laws of Zambia and as such, is not only undemocratic but illegal, unreasonable, procedurally improper and unconstitutional.

Kambwili wants the Court to quash the Speakers decision to declare his parliamentary seat vacant, as well as, the decision by ECZ of appointing April 11, 2019 as the date for the Roan Constituency by-election.

He wants the Court to further prohibit ECZ from accepting the nomination papers from the aspiring candidates.